In a spin-off of my age of consent laws, I took a look at the other gray area of consent. Consent while intoxicated. This is a large and sometimes scary notion, especially when it comes to college parties. Imagine a girl who is heavily intoxicated, and therefore has impeded judgment. Therefore she is not mentally stable to enter under a "social" contract of sorts. However, she meets a guy who is equally messed up, and they decide to have sex. When she wakes up the next day she is disgusted at what she did, and calls the police, claiming rape. My question for you, is the male at fault here? In this situation they were both intoxicated, and there was no malicious intent. I do realize that there are males that intentionally take advantage of girls who are drinking, and that to me is rape. The bigger question here is how do we stop this? For purposes of legal implications, lets assume that both were 21 and were legally drinking. Another great gray area, is what if the male is perfectly sound in judgment, and a drunken party girl comes up to him and makes sexual advances and insists they have sex? What if the situations were reversed? Food for thought.
Good questions. The level of intoxication should have an inverse relation to the level of consent, but of course, the tricky part is proving what mental states each individual was in. Prosecutors need to have a pretty strong case to establish guilt. The problem is that certain states are apparently lowering the bar for the amount of proof needed. I understand the motivation behind this, but it ultimately makes it easier to falsely accuse someone.
I believe that an adult person is aware of the consequences of getting drunk and having an interсourse. I also believe that a true gentleman wouldn't take advantage of a lady, no matter how drunk they both are. So in my humble opinion, the best policy in such situation is continence. However, I don't think that mutual drunk coitus could be evaluated as rape, for in this case both adult participants are equally responsible.
If a woman gets (*)(*)(*)(*) faced at a college party and thinks her legs will remain closed for duration of the night she is a fairly stupid individual.